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Framing Algorithms – Competition Law and (Other) Regulatory Tools

Picht, Peter Georg and Loderer, Gaspare, Framing Algorithms – Competition Law and (Other) Regulatory Tools (October 30, 2018). Max Planck Institute for Innovation & Competition Research Paper No. 18-24. Available at SSRN: https://ssrn.com/abstract=3275198 or http://dx.doi.org/10.2139/ssrn.3275198

“As other fields of law, competition law is put to the test by new technologies in general and algorithmic market activity in particular. This paper takes a holistic approach by looking at areas of law, namely financial regulation and data protection, which have already put in place rules and procedures to deal with issues arising from algorithms. Before making the bridge and assessing whether the application of any such tool might be fruitful for competition law, the paper discusses important competition cases regarding algorithms, including the Google Shopping, Lufthansa and Facebook case. It concludes with some policy recommendations.”

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